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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. KARPAGAVINAYAGAM & THE HONOURABLE MR. JUSTICE S.R. SINGHARAVELU
Prakash & Others - Appellant
Versus
State by Inspector of Police Nungambakkam - Respondents
Criminal Appeal Nos. 527 and 466 of 2003
Decided On : 22 September 2005
Conviction - Criminal Law - Sections 449, 394 r/w 397, 302 r/w 34 IPC - The judgment discusses the conviction of the appellants under Sections 449, 394 r/w 397, 302 r/w 34 IPC. The court analyzes the evidence and dismisses the appeals, confirming the conviction and sentence imposed on the appellants.
Fact of the Case:
The deceased, Lt. Col. N.K. Madhavan, was attacked at his home by the appellants, resulting in his death. The daughter of the deceased, P.W.1, provided a detailed account of the events to the police, leading to the arrest and subsequent conviction of the appellants.
Finding of the Court:
The court found the evidence of P.W.1 and other witnesses to be credible and corroborated by medical evidence, establishing the guilt of the appellants beyond reasonable doubt. The court dismissed the appeals and confirmed the conviction and sentence imposed on the appellants.
Issues: The issues raised included challenges to the identification of the accused, delay in conducting the test identification parade, and non-examination of certain witnesses. The court addressed these issues and found no merit in the appeals.
Ratio Decidendi: The court relied on the credible evidence provided by P.W.1 and other witnesses, as well as the medical evidence, to establish the guilt of the appellants beyond reasonable doubt. The court also emphasized that the delay in certain procedures did not undermine the prosecution's case.
Final Decision: The appeals were dismissed, and the conviction and sentence imposed on the appellants were confirmed.
(Appeals filed against the judgment of conviction and sentence dated 05.02.2003 in S.C.No.161 of 1998 on the file of the Additional District and Sessions Judge-cum-Fast Track Court No.1, Chinglepattu.)
M. Karpagavinayagam, J
The appellants in Crl.A.No.527 of 2003 and the appellant in Crl.A.No.466 of 2003 are A-1 and A-3; and A-2 respectively in S.C.No.161 of 1998 on the file of the learned Additional District and Sessions Judge-cum-Fast Track Court No.I, Chengalpattu, Kancheepuram Division. They were convicted for the offences punishable (i) under Sections 449 IPC and each sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1000/-, in default, to undergo one year rigorous imprisonment; (ii) under Section 394 r/w 397 IPC and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for one year and (iii) under 302 r/w 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.2000/-, in default, to undergo rigorous imprisonment for one year. Challenging the same, the appellants have filed the above appeals.
2. The short facts leading to the conviction are as follows:
a) The deceased in this case is one Lt. Col. N.K. Madhavan, a retired man, who was staying with his wife P.W.4 and daughter P.W.1 Roopa Madhukumar. P.W.1’s husband had been at Oman and at that time, P.W.1 along with her daughter was staying with her parents.
b) On the fateful day of occurrence which took place on 03.09.1997, P.W.4, the wife of the deceased, had been to recreation club at about 11.30 a.m. P.W.1 and her daughter were inside the house watching T.V. along with the deceased Madhavan.
c) At that time, A1 to A3, came to the house and requested the deceased Madhavan to give them drinking water. The deceased went to the kitchen and brought them water and they drank the same. Even thereafter, they were standing near the entrance and watching the T.V.
d) On seeing the accused standing near the entrance, under a cloud of suspicion, P.W.1 asked the deceased as to why the accused were standing still. The deceased told her that they were watching TV. In order to make them leave the place, she switched off the T.V. and called her daughter to come inside the house.
e) At that point of time, A1 and A2 entered into the house, A1 Prakash took the knife M.O.1 and threatened P.W.1 to part with them the gold and cash. On seeing that, the deceased Madhavan caught hold of the knife and at that time, A2 Sathiya @ Sathyam attacked P.W.1 with M.O.2 hacksaw blade on the back side of her head and on her arms.
f) Then, P.W.1 Roopa Madhukumar ran inside the bedroom. In the meantime, A1 Prakash stabbed the deceased on his back and stomach with the knife. A2 Sathya alias Sathyam chased P.W.1 towards the bedroom and pushed her on the bed. She managed to get up and take her daughter and went inside the bathroom and locked the door from inside.
g) Thereafter, P.W.1 shouted for help from the public through the window. In the meantime, the accused persons sped away from the place.
h) P.W.1 opened the door and came out of the bedroom and saw her father the deceased coming towards her room from the gate with injuries.
i) P.W.3 Gunasekaran, a neighbour and Aruldoss, watchman, chased the accused persons in a Maruthi Car and P.W.2 Vijay Anand, another neighbour, in a Scooter. Ultimately, P.W.2 and Aruldoss caught hold of A.1 Prakash and A.3 Saravanan.
j) While catching hold of them, Aruldoss, the watchman, attacked A1 Prakash on his leg with M.O.4 aruval, and his dog had bitten the leg of A3 Saravanan. Then, P.W.2 Vijay Anand snatched the knife from the accused and both the accused were tied up with their shirts and were brought near the house and made them to sit there itself. In the meantime, A2 Sathya alias Sathyam managed to escape and ran away.
k) P.W.4 Sethulakshmi, the wife of the deceased, came from the Club and with the help of P.W.3 Gunasek
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